quasi agencies

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II. JUDICIARY AND JUDGE

In the Philippines, government powers are shared and dispensed equally among

three main branches – the Executive, Legislative and Judicial branches. Although

seemingly triple in number and separate in identity, the three branches comprise a single

and undivided entity – the Government .

Apart from the dictates of tradition and more than just a legacy from its

forerunners, the Philippine political structure is based on the necessity of maintaining

the system of checks-and-balances in the manner by which the State exerts political

power upon its constituents. Thus, while the Legislature crafts the laws and the

Executive Branch implements the same; the Judiciary interprets such laws and tempers

abuse/s that may arise from any wrongful interpretation thereof.

Judicial power is vested by the Constitution in one Supreme Court and in such

lower courts as may be established by law. (Article X, Section 1, Constitution) . Batas

Pambansa 129 (August 14, 1981) otherwise known as the Judiciary Reorganization Act

of 1980 created the Intermediate Appellate Court (which was later renamed as the Court of

Appeals by virtue of Executive Order No. 33 dated July 28, 1986) , Metropolitan Trial Courts,

Municipal Trial Courts in Cities and Municipal Circuit Trial Courts.

A. Classification of Courts in the Philippines

The Philippines observes the following general classifications of courts in its

judicial system:

1. Regular Courts

These refer to those courts authorized to engage in the general administration

of justice. These courts derive their powers from the Philippine Constitution, which is

the fundamental law of the land. At the apex of the courts lumped within this

classification is the Philippine Supreme Court. Below the Supreme Court are three tiers

of lower-level courts that initially decide controversies brought about by litigants in the

first instance.

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2. Special Courts

These refer to tribunals that have limited jurisdiction over certain types of cases

or controversies. While special courts have judicial powers just like the regular courts ,

the scope of the controversies that special courts can hear are limited only to those thatare specifically provided in the special law creating such special courts . Outside of the

specific cases expressly mentioned in the provisions of the statute creating the special

court , these courts have no authority to exercise any powers of adjudication.

A distinct kind of special court that is recognized in the Philippines is the so-

called Shari’a Court. (infra.) While the Shari’a Court has the powers of the regular

courts, the subjects over whom it can wield its judicial powers are limited solely to

Muslim Filipinos. Other than Muslim Filipinos, the Shari’a Court has neither right norauthority to exercise powers of adjudication.

3. Quasi-Courts / Quasi-Judicial Agencies

Technically, judicial powers pertain to and are exercised only by courts.

However, the Philippine system of government allows administrative agencies to

exercise adjudicatory powers in certain types of controversies, particularly if the same

would facilitate the attainment of the objectives for which the administrative agency had

been created. Unlike regular and special courts , quasi-courts do not possess judicial

powers. Instead they possess and in fact, exercise what are termed as quasi-judicial

powers. Even though they are not courts of justice, either the Constitution or the special

statute empowers these agencies to exercise such quasi-judicial powers solely in aid of

the administrative powers that they are administrative agency is allowed only for the

empowered to exercise. Essentially, the exercise of judicial powers by the

administrative agency is for the purpose of attaining its specific goals. If the exercise

would not facilitate the attainment of the objectives of the Department, there is no basis

for exercising quasi-judicial functions.

B. Hierarchy and Jurisdiction of Courts

1. Regular Courts

There are four (4) levels of courts in the Philippines, wherein judicial power is

vested. As stated above, it is the Supreme Court that is at the apex of this four-tiered

hierarchy. Below the Supreme Court are lower courts of graduating degrees of

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Office of the Court Administrator is tasked with the supervision and administration of

the lower courts and all of their personnel. It reports and recommends to the Supreme

Court all actions affecting lower court management, personnel and financial

administration and administrative discipline.The Constitution created a Judicial and Bar Council under the supervision of

the Supreme Court composed of the Chief Justice as ex officio Chairman, Secretary of

Justice, and a Representative of Congress as ex officio members, representative of the

Integrated Bar, a professor of law, a retired member of the Supreme Court, and a

representative of the private sector. (Article VIII, Section 8). The President appointed the

regular members for a term of four years, the representative of the Bar shall serve for

four years, professor of law for three years, retired Justice for two years, and therepresentative from the private sector for one year.

The Council shall have the principal function of recommending appointees to

the Judiciary. It screens and selects prospective appointees to any judicial post so that

only the best qualified members of the Bench and Bar with proven competence,

integrity and independence are nominated thereto (1999 Annual Report of the Supreme Court,

page 124) . Article VIII, Section 9 provides that “members of the Supreme Court and

judges of lower courts shall be appointed by the President from a list of at least three

nominees prepared by the Judicial and Bar Council for every vacancy. Such

appointments need no confirmation. For the lower courts, the President shall issue the

appointments within ninety days from the submission of the list and to fill the vacancy

in the Supreme Court within ninety days from its occurrence (Article VIII, Section 4 [1]) .

Section 7, Article VIII of the Constitution provides that - (1) No person shall

be appointed Member of the Supreme Court or any lower collegiate court unless he is a

natural-born citizen of the Philippines. A Member of the Supreme Court must be at

least forty years of age, and must have been for fifteen years or more a judge of a lower

court or engaged in the practice of law in the Philippines; (2) The Congress shall

prescribe the qualifications of judges of lower courts, but no person may be appointed

judge thereof unless he is a citizen of the Philippines and a member or of the Philippine

bar; and (3) A member of the judiciary must be a person of proven competence,

integrity, probity and independence.

In summary, a table below shows the number of courts in the Philippines.

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discretionary powers to either accept or reject such recommendations, however,

recommendees of presiding judges shall have priority in the appointment.

Court Personnel are under the general supervision of the judge with respect to

the performance of their duties. The judge has also the power to assign additional,related duties to his employees.

The Clerk of Court plans, directs, supervises and coordinates the activities of

all divisions/sections/units in the court (whether it is a multi-sala court of just a

particular branch).

The Court Legal Researcher conducts research work on questions of law raised

by parties-litigants in cases brought before the court; prepares memoranda on evidence

adduced by the parties after the hearing; prepares an outline of facts and issuesinvolved in cases set for pre-trial for the guidance of the presiding Judge; prepares an

index attached to the records showing the important pleadings filed, the pages where

they may be found, and in general, the status of the case; reminds the presiding Judge

of cases or motions submitted for decision or resolution, particularly, of the deadline for

acting on the same.

There is a bailiff assigned to every court whose primary duty is to keep order

therein during court sessions. He also performs other duties that may be assigned to

him from time to time.

The Court Stenographer takes stenographic notes on all matters that transpire

during court hearings or preliminary investigations and transcribes them; takes down

and transcribes in final form all dictations of the Judge or Clerk of Court.

The Interpreter translates the questions and answers from local dialects and

other languages into English or vice versa during the testimony given by a witness in

court.; administers oath to witnesses; marks all exhibits introduced in evidence;

prepares and signs all minutes of the court session; maintains and keeps custody record

books of cases calendared for hearing;

The Records Officer is responsible for the custody and safekeeping of records,

papers and documents of the court; answers correspondence and communication relative

to the records kept in the particular section of the court;

Social Welfare Officer conducts interviews and makes home visits to parties-

litigants or wards in juvenile and domestic relations cases; contacts all possible

informants regarding accused minors; prepares case study reports based on interviews

and home visits; provides individual or group counseling service and other necessary

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social services and assistance; refers parties concerned, by direction of the Court, to

appropriate agencies or individuals for rehabilitation; appears in court as witness to

supplement her written case study reports;

The Clerk receives and enters in the docket books on all cases filed includingall subsequent pleadings, documents and other pertinent information;

The Process Server serves court processes such as subpoenas, summonses,

court orders and notices;

The Sheriff serves/executes all writs and processes of the Court; keeps custody

of attached properties or goods; maintains his own record books on writs of execution,

writs of attachment, writs of replevin and writs of injunction and all other processes

executed by him.

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